IB Prized Writing Sevenoaks School IB Prized Writing 2014 | Page 194

Eliza Parr - History by the Nazi party were valid and therefore that Hitler's consolidation of power did constitute a legal revolution. Other Legal Steps in Consolidating Power An important step in consolidating the Nazis' grip on power by legal means was the creation of the Gestapo by Goering on 26 April 1933. 28 The Gestapo had the ability to “take  any  person  into  ‘protective  custody’  and  hold  them  indefinitely  without  any   right to trial.” 29 This enabled Hitler to deal with opponents rapidly and effectively by arresting anyone who disagreed with the Nazi Party's views. Similarly, the Law against Malicious Attacks on State and Party of 20 December 1934, 30 enabled the Nazis to imprison people if they spoke against the state. As Richard Lawrence Miller observes, these and similar legislative acts and decrees enabled “officials...[to]   do almost  anything  they  believed  would  promote  the  public  good,” 31 which allowed the Nazis to further consolidate their power using legal means. The creation of the People’s  Court  on  24 April 1934 32 was a further way in which the Nazis used legal means to consolidate power and to ensure the prevalence of Nazi ideology by  “exterminat[ing]... the enemies of the Third Reich.” 33 The purpose of the Court “was  not  to  dispense  impartial  justice,”  but  instead “to  annihilate  the  enemies  of   National Socialism.” 34 The  Court  sought  to  “try  all  cases  of  treason” 35 and acted as a “task  force  for  combatting  and  defeating  all  attacks  on  the  external  and  internal   security of the Reich.” 36 The formation  of  the  People’s  Court  was a key step in undermining the legal system and, in the absence of the Enabling Act, would have been a clear breach of Article 105 of the Weimar Constitution, which outlawed the use of extraordinary courts. However, due to the existence of the Enabling Act, the creation of the People's Court was technically a legal act assisting in the Nazis' consolidation of power. The Nazis also used legislative acts and decrees to limit the freedom of lawyers to represent their clients and to undermine the independence of the judiciary. 37 As Lord Bingham  has  emphasised,  “a  truly  independent  judiciary  is  one  of  the  strongest safeguards against executive lawlessness; it thus becomes a victim of authoritarian governments.” 38 The view expressed by President Leupolt of the Dresden Bar Association  that  “an  attorney’s  duty  towards  his  client  “is  limited  by  his   28 Todd, A. & Waller, S., 2011. History for the IB Diploma, Authoritarian and Single-Party States. 2 nd ed. Cambridge: Cambridge University Press, p. 85 29 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Deborah Lucas Schneider, p. 284 30 Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 1 31 Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 50 32 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Schneider, D.L., p. 51 33 ibid 34 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Schneider, D.L., p. 142 35 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Schneider, D.L., p. 287 36 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Schneider, D.L., p. 142 37 Evans, R. J., 2006. The Third Reich in Power. London: Penguin Books, p. 74 38 Bingham, T., 2011. The Rule of Law. 2 nd ed. London: Penguin, p. 25 193 7